A centrist group in the European Union legislature demanded an “urgent” explanation Wednesday amid reports the EU's executive arm was prepared to release billions of euros to Poland's government.
If true, Poland would have access to 36 billion euros (about $39 billion) in pandemic recovery funds even though the nation's populist government has failed to reverse changes to the judicial system that an EU court deemed illegal.
Renew Europe, a centrist group in the European Parliament, said it was concerned by reports of a deal despite Poland's "consistent trashing of the rule of law."
Poland's lower house of parliament voted last week to abolish a disciplinary body within the Polish Supreme Court that the right-wing government has used to suspend judges for rulings or public statements it did not like.
Associations of judges and human rights groups say the changes were only perfunctory because the powers of the soon-to-be abolished Disciplinary Chamber will continue to be carried out by judges who are effectively political appointees.
Before last week’s vote, the chamber had suspended judges for issuing rulings respecting EU law as well as the rulings of another international court, the European Court of Human Rights.
“Our group urgently demands a detailed explanation from European Commission President Ursula Von der Leyen,” Renew Europe said. “We should not accept merely small, inadequate cosmetic changes to Poland’s seriously politicized legal system in exchange for the EU funds. We won’t be able to stand up to autocrats abroad by placating those who unravel democracy at home."
The Disciplinary Chamber has cost Poland dearly. The European Court of Justice fined Poland a record 1 million euros per day for failing to dismantle it. Poland also failed so far to get the 36 billion euros in recovery funds that are intended to reboot EU economies after pandemic lockdowns.
The European Commission is expected to hold a meeting on the matter later Wednesday. Von der Leyen is due to visit Warsaw on Thursday to sign an agreement approving “milestones” Poland must reach to unlock the funds.
Sophie in ’t Veld, a Dutch lawmaker with Renew Europe, said von der Leyen appeared to be pulling back from a promise not to compromise on the rule of law.
"Exactly such a compromise is now in the works with Poland: a short-term political deal with lasting irreparable damage to the EU as a community of laws” in ’t Veld said.
A Polish lawmaker, Róża Thun, added that Poles undertook efforts to join the EU expecting it to guarantee democratic values. If those values are not protected, Thun said she fears the 27-nation bloc “will start to rot.”
“We struggled against the communist oppression because we wanted to live in a democratic country which respects the rule of law," she said.
John Morijn, a law professor at the University of Groningen in the Netherlands, said the EU releasing funds now would be a “purely political move” and highly damaging for both Polish judges and the standing of the European Court of Justice.
